Macdonald v R; Obeid v R; Obeid v R [2021] NSWSC 1662

Macdonald v R; Obeid v R; Obeid v R [2021] NSWSC 1662

The applicants failed to establish 'special or exceptional circumstances' under s 22 of the Bail Act 2013 (NSW) to justify a grant of bail pending appeal. The mere arguability of the proposed appeal, absence of substantial delay or erosion of sentences, management of health and COVID-19 risks in custody, and personal or family hardship do not together amount to exceptional circumstances warranting release. The public interest and integrity of the criminal justice process take precedence. Accordingly, the applications for release were refused.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Release Application Pending Appeal / Application for Bail Pending Appeal, Post Conviction and Sentencing
Outcome
Applications for release refused
Legal Topics
['bail Pending Appeal' 'conspiracy to Commit Misconduct in Public Office' 'special or Exceptional Circumstances' 'bail Act 2013 (nsw) Ss 22, 74' 'unacceptable Risk Test']
['criminal Law'] ['bail Pending Appeal' 'conspiracy to Commit Misconduct in Public Office' 'special or Exceptional Circumstances' 'bail Act 2013 (nsw) Ss 22, 74' 'unacceptable Risk Test']

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Procedural Posture

Release Application Pending Appeal / Application for Bail Pending Appeal, Post Conviction and Sentencing

Legal Issues

  1. 1 ["Whether the applicants established 'special or exceptional circumstances' under s 22 of the Bail Act 2013 (NSW) to justify bail pending appeal after conviction." 'Whether changes or new material information since prior bail applications engage s 74 of the Bail Act for Edward Obeid.']

Ratio Decidendi

The applicants failed to establish 'special or exceptional circumstances' under s 22 of the Bail Act 2013 (NSW) to justify a grant of bail pending appeal. The mere arguability of the proposed appeal, absence of substantial delay or erosion of sentences, management of health and COVID-19 risks in custody, and personal or family hardship do not together amount to exceptional circumstances warranting release. The public interest and integrity of the criminal justice process take precedence. Accordingly, the applications for release were refused.

Court Disposition

Applications for release refused

Orders

  • ['The release application filed by Ian Macdonald is refused.' 'The release application filed by Edward Obeid is refused.' 'The release application filed by Moses Obeid is refused.']